Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - For consideration of all issues by setting aside judgment and decree - Lower appellate Court ought to have resorted to provision of O.41.R.25 CPC - Order of wholesale remand is legally unsustainable...........
Civil Procedure Code, 1908, Order 43, Rule 1A -- Order of remand - Appeal against order of remand is maintainable - Matter remitted back to lower appellate Court with direction to pass afresh order in compliance with provision of O.41 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Discretionary power - Larger interest of litigants needs to be taken care of and discretionary power of amendment should be exercised in order to do full and complete justice - Court ought not to go into correctness or falsity of case in amendment - No finding needs to be recorded on merits of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Neither learned single Judge recorded his satisfaction requiring transfer of case to CBI for further investigation nor materials on record, on which any direction can be issued, to CBI to conduct investigation especially when more than five years have elapsed from the incident - Impugned order..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - LRs - Petitioners claiming to be impleaded as legal heirs of deceased decree holder on the basis of registered Will - Executing Court dismissed application on the ground that their interest is adverse to already impleaded LRs and if they have any right they can always file a separate suit - LRs are impleaded..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 1, 2 -- Caveat - Ex parte ad interim injunction order - Caveat lodged by defendants was overlooked while passing ex parte ad interim injunction order - Ex parte ad interim injunction order is liable to be set aside with direction to Trial Court that application filed by plaintiff for grant of interim injunction shall..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 6, Rule 17 - - Amendment of plaint - Amendment sought to substitute other land instead of suit land - By proposed amendment entire structure of suit, cause of action and relief gets changed - Such unwarranted amendment should not have been allowed - Impugned order of allowing amendment of plaint set aside - Since..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Permissibility - If facts warrant Court may permit cross-examination of deponent to ascertain the truth of averments therein - But party seeking cross-examination of deponent must disclose bona fide reasons for the same - Court is under an obligation to pass an appropriate order..........
Criminal Procedure Code, 1973, Section 125, 354(6) -- Maintenance - Court can grant maintenance either from date of order or from date of application - As per S.354(6) Cr.P.C. Court should record reasons in support of order passed by it, in both eventualities...........
